News & Analysis as of

Religious Clothing Employer Liability Issues

Ogletree, Deakins, Nash, Smoak & Stewart,...

The European Court of Justice Ruling on Headscarf Bans in the Workplace

According to a recent decision of the European Court of Justice (ECJ), employers may prohibit employers from wearing any visible sign of political, ideological, or religious conviction in the workplace under narrow...more

Bradley Arant Boult Cummings LLP

Religion in the Secular Workplace: New Directions in the EEOC’s Enforcement of Title VII

On November 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) published for public comment a proposed update to its Compliance Manual Section on Religious Discrimination for public comment, which has not been...more

Littler

Dear Littler: Can We Still Maintain Hairstyle and Personal Grooming Policies?

Littler on

I am an HR manager for a boutique beauty supply shop based in Atlanta, Georgia. We are planning to expand into new storefronts in both San Diego, California and Brooklyn, New York. We have a standard grooming policy because...more

Harris Beach PLLC

New York State Prohibits Discrimination Based on Religious Attire and Facial Hair

Harris Beach PLLC on

Adding to the list of updates for employers in New York state, a recently-signed bill expressly prohibits employment discrimination based on religious attire and facial hair. The bill adds another amendment to the New York...more

Faegre Drinker Biddle & Reath LLP

Ringing in the New Year -- Recap of Changes to Illinois Employment Laws in 2017

From workplace dress policies to collecting an employee’s fingerprints, as we wind down 2017, here’s a recap of new workplace laws—and helpful reminders—that affected Illinois employers this year: Updates to the Illinois...more

BCLP

Religion in the workplace in France – Part 2

BCLP on

PART 2, Continued from PART 1, posted on June 26, 2017. What about wearing religious symbols at work? Is this subject to a specific legal framework?...more

Kelley Drye & Warren LLP

Banning Visible Political, Philosophical or Religious Signs in the European Workplace – Does Your Policy Need Updating?

The highest court of the European Union recently issued two judgments allowing employers to ban the visible wearing of political, philosophical or religious signs at the workplace (Judgment of the Court of Justice of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

European Court of Justice Upholds Employers’ Rights to Enforce Religion Neutral Internal Rules

On March 14, 2017, the European Court of Justice issued decisions in two cases addressing the delicate legal and political issue of wearing signs of religious belief at work. Most media outlets and commentators who...more

Jackson Lewis P.C.

Failure to Accommodate Religious Belief Claim to Move Forward

Jackson Lewis P.C. on

Religious discrimination claims by a delivery driver for a catering company who was terminated the day after being sent home for wearing a religious head covering survived summary judgment due to the temporal proximity...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Rotten Ralph’s Restaurant for Religious Discrimination

Restaurant Fired Muslim Employee Because of Her Required Religious Garb, Federal Agency Charges - PHILADELPHIA - Rotten Ralph's, a popular Philadelphia restaurant, violated federal law when it refused to allow a server...more

Fenwick & West LLP

Fenwick Employment Brief - June 2015

Fenwick & West LLP on

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more

Poyner Spruill LLP

Supreme Court Agrees With EEOC In Regard To Religious Accommodation

Poyner Spruill LLP on

On June 1, 2015, the United States Supreme Court issued its opinion in EEOC v. Abercrombie & Fitch Stores in which it held that a job applicant can experience religious discrimination under Title VII of the Civil Rights Act...more

BakerHostetler

EEOC v. Abercrombie & Fitch: When Religion and Fashion Collide

BakerHostetler on

On June 1, 2015, the U.S. Supreme Court, in an 8-1 decision, ruled in favor of a 17-year-old practicing Muslim, Samantha Elauf, who applied for a job at retailer Abercrombie & Fitch, but was denied employment because the...more

Dorsey & Whitney LLP

Supreme Court Sides with Applicant in Abercrombie Headscarf Dispute

Dorsey & Whitney LLP on

Yesterday, in EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. ___ (2015), the Supreme Court of the United States held that an applicant does not need to inform an employer of her need for a religious accommodation in order...more

Ballard Spahr LLP

Supreme Court Clarifies Burden of Proof for Religious Accommodation and Disparate-Treatment Claims

Ballard Spahr LLP on

The U.S. Supreme Court sided with the EEOC today and clarified the standard for religious accommodation and disparate-treatment claims under Title VII. The Court ruled that an applicant can advance a disparate-treatment claim...more

Polsinelli

SCOTUS: Abercrombie's Failure to Hire Based on Assumed Religious Conflict Violates Title VII

Polsinelli on

Monday, in EEOC v. Abercrombie & Fitch Stores, Inc. the Supreme Court held that making employment decisions based on assumptions related to religion (or any other protected class for that matter) can trigger liability under...more

Franczek P.C.

High Court: Applicant Need Not Specifically Request Religious Accommodation To Maintain Title VII Claim

Franczek P.C. on

On June 1, 2015, the U.S. Supreme Court ruled that an applicant rejected for a retail store position by Abercrombie & Fitch because she wore a headscarf could maintain a Title VII claim against the retailer, even though she...more

Morgan Lewis

Can French Employees Wear Unrestricted Religious Symbols in the Workplace?

Morgan Lewis on

The French Supreme Court provides guidance to employers in France on how to deal with employees who wear religious symbols in the workplace....more

Hinshaw & Culbertson LLP

Abercrombie & Fitch Doesn't Look Too Good To Supreme Court

In a case we discussed earlier, the U.S. Supreme Court did not appear impressed with Abercrombie & Fitch's recent argument that a hijab wearing applicant needed to ask for religious accommodation before they were obliged to...more

U.S. Equal Employment Opportunity Commission...

Statement of Samantha Elauf Following Oral Argument at the Supreme Court in EEOC v. Abercrombie & Fitch Stores, Inc.

WASHINGTON-- Samantha Elauf filed the original charge of religious discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) that led to today's argument in the Supreme Court. She has the following statement...more

Morrison & Foerster LLP

Making Way For Religious Accommodation In The Workplace

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion and puts an affirmative obligation on an employer to accommodate employees’ religious practices. Issues involving religion arise in many...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Triangle Catering for Religious Discrimination

Raleigh Company Unlawfully Fired Rastafarian Because He Refused to Remove His Religious Head Covering, Federal Agency Charges - RALEIGH, N.C. - Triangle Catering, LLC, a catering and event planning company based in...more

Morrison & Foerster LLP

Employment Law Commentary -- Volume 26, Issue 11 -- Is She Really Allowed To Wear That? Religious Accommodation In The Workplace

Title VII of the Civil Rights Act of 19641 prohibits discrimination based on religion and puts an affirmative obligation on an employer to accommodate employees’ religious practices. Issues involving religion arise in many...more

McAfee & Taft

Asking about religion accommodations

McAfee & Taft on

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch...more

Obermayer Rebmann Maxwell & Hippel LLP

Trick or Treat: Can Employers Face Liability for Celebrating Halloween in the Workplace?

Halloween celebrations in the workplace can be a treat for employees but the trick is in the employer’s execution. Costumes present a particularly tricky issue because well-intentioned “creativity” can quickly deteriorate...more

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